Requests for Admissions and Interrogatories

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Originally Posted by Shazzers I will forward this topic to skydvr, he can help you on how to reply.

Thank you so much. I would like to get this debt settled, but the amount they are stating is way too high. Plus, I've been reading about both of these companies and their tactics, so that worries me as well.

Kevin

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Originally Posted by OVLG Attorney Don't be worried. Just do the best you can, and keep in mind that the other side has to follow the rules too. If they break them, don't be shy about making sure you get compensated. In some cases, you can get the other side to pay your attorney's fees and court costs of you decide you need professional help.

Thanks. I probably do need professional help, in more ways than one!

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Originally Posted by kevinr Thank you so much. I would like to get this debt settled, but the amount they are stating is way too high. Plus, I've been reading about both of these companies and their tactics, so that worries me as well. Kevin

Just hang in there, skydvr is an expert in this area. He will reply as soon as he is able. :)

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Originally Posted by Shazzers Hang in there, someone will be along with advice, just keep checking back for replies, and give this topic a bump or two along the way so it will remain within view.

i have a question, i've sent letters and got responses from 2 pdl companies saying they consider my loans paid in full. but others are stating they follow the laws in the state of the lender not the borrower. does that make them legal??

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Originally Posted by Anonymous i have a question, i've sent letters and got responses from 2 pdl companies saying they consider my loans paid in full. but others are stating they follow the laws in the state of the lender not the borrower. does that make them legal??

no it doesn't in fact if they say that it one of the many defense responses from illegal lenders.treat them accordingly.

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Originally Posted by paulmergel no it doesn't in fact if they say that it one of the many defense responses from illegal lenders.treat them accordingly.

I CLOSED MY BANK ACCOUNT AND SENT THIS, WHATS MY NEXT STEP FOR THE ONES THAT STILL CALL, AND THANK YOU SO MUCH FOR ANY ASSISTANCE YOU CAN PROVIDE

After doing research regarding Internet payday loan laws in the State of Kentucky, I have found that your Internet payday loans are actually illegal. I have also found the following laws to be true applying to payday loans in the State of Kentucky in general:

Kentucky State Information

Legal Status: Legal

Citation:
Kentucky Rev. Stat. Ann. 286.9.010 et seq.

Loan Terms:
Maximum Loan Amount: $500
Loan Term: 14-60 days
Maximum Finance Rate and Fees: 15% per $100 + $1 database fee
Finance Charge for 14-day $100 loan: $17.65
APR for 14-day $100 loan: 459%

Debt Limits:
Maximum Number of Outstanding Loans at One Time: Two ( $500 aggregate loans outstanding to all licensees)
Rollovers Permitted: None (cannot renew; rollover, or consolidate)
Cooling-off Period: None

Collection Limits:
Collection Fees: One NSF fee (if disclosed)
Criminal Action: Prohibited

Where to Complain, Get Information:
Regulator: Kentucky Office of Financial Institutions
Address: 1025 Capital Center Drive, Suite 200 Frankfort KY 40601
Phone: (800) 223-2579
Fax: (502) 573-8787
Regulatory Contact: Gary Davis, Branch Manager


I hereby revoke any and all ACH authorizations with your company from debiting any of my personal accounts, per Federal law, Regulation E Section 205.10 Preauthorized transfers. I have closed my account with the Kentucky Telco Federal Credit Union to protect my interest in this matter, per instructions from The Kentucky Department of Finance. I also revoke any and all wage assignments I may or may not have signed with your company, I no longer authorize you, your company, or your affiliates to attach any part of my wages or contact my employer for your collection purposes. I have notified my employer about this matter so any attempts to do so on your part will be rejected.

I demand that any contact be made through US Postal mail or email only. I will need everything in writing to keep accurate records of all communication as per instruction from my Attorney General's Office. I prohibit you or your affiliates to contact me via telephone at my place of employment or my home telephone number. I also prohibit you from calling my references listed on my loan.

Due to the fact that Internet payday loans must be licensed in the state of Kentucky to be a legal and binding contract, your company should NOT issue loans to Kentucky residents at all. I am requesting that you send me your license number, which enables you to offer loans to Kentucky residents.

The legal amount that could have been charged to my loan is the principal amount, even IF your Internet payday loan were legal anywhere in the U.S. I am willing to pay the principle amount of the loan only, however, this is only if you provide me with a physical address where I can send payments.

I must also inform you that I will be filing complaints with the Better Business Bureau, the Federal Trade Commission, and the Kentucky Attorney General's Office.

I expect a response from your company no later than 5 days from the above date regarding this matter. This response may only come via US Postal mail or email. No telephone contact is permitted.

Sincerely,




CC:
Better Business Bureau
Kentucky Attorney General
Federal Trade Commission

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Originally Posted by paulmergel looks okay to me.if the illegal's want to call and state the same BS about which laws apply.you just keep repeating that your laws apply therefore making them illegal.

THANKS AGAIN. I'M STICKING TO MY GUNS. ONE OF THEM SENT AN EMAIL PAYMENT ARRANGEMENT STATING I AGREED TO IT BUT I DIDNT:

Subject: E-PAY-LOAN thanks for agreeing to pay for helping you out when you needed it

THANKS FOR AGREEING TO PAY-OFF YOUR LOAN VIA WESTERN UNION QUICK COLLECT???. *WESTERN UNION INFO*
CODE CITY: USCASHADVANCE
STATE: FL (FLORIDA)
ACCNT#: /37732603
REF-E-PAYDAY

YOUR ARRANGEMENT IS:

P.s. you must call me with the MTCN#???S located on your receipt. @ 1-800-843-3137 EXT-110
THANK YOU: FROM E-PAY-LOAN

THIS IS HOW I RESPONDED BY EMAIL:

JULY 7, 2010

TO THE SUPPORT DEPARTMENT:

I DID NOT AGREE TO AN ARRANGEMENT TO PAY OFF THIS LOAN VIA WESTERN UNION, PER THE EMAIL SENT REGARDING YOUR ILLEGAL PRACTICES IN THE STATE OF KENTUCKY, I REQUESTED A PHYSICAL ADDRESS FOR YOUR COMPANY IN ORDER FOR ME TO REMIT PAYMENT OF THE PRINCIPAL AMOUNT OF THE LOAN ONLY, MINUS THE PAYMENT ALREADY RECEIVED. I ALSO SENT THAT STATMENT VIA FAX AND US POSTAL MAIL. AGAIN I AM IN CONTACT WITH THE BETTER BUSINESS BUREAU, KENTUCKY ATTORNEY GENERAL, AND THE FEDERAL TRADE COMMISSION REGARDING THIS MATTER.

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Originally Posted by Anonymous THANKS AGAIN. I'M STICKING TO MY GUNS. ONE OF THEM SENT AN EMAIL PAYMENT ARRANGEMENT STATING I AGREED TO IT BUT I DIDNT: Subject: E-PAY-LOAN thanks for agreeing to pay for helping you out when you needed it THANKS FOR AGREEING TO PAY-OFF YOUR LOAN VIA WESTERN UNION QUICK COLLECT???. *WESTERN UNION INFO* CODE CITY: USCASHADVANCE STATE: FL (FLORIDA) ACCNT#: /37732603 REF-E-PAYDAY YOUR ARRANGEMENT IS: P.s. you must call me with the MTCN#???S located on your receipt. @ 1-800-843-3137 EXT-110 THANK YOU: FROM E-PAY-LOAN THIS IS HOW I RESPONDED BY EMAIL: JULY 7, 2010 TO THE SUPPORT DEPARTMENT: I DID NOT AGREE TO AN ARRANGEMENT TO PAY OFF THIS LOAN VIA WESTERN UNION, PER THE EMAIL SENT REGARDING YOUR ILLEGAL PRACTICES IN THE STATE OF KENTUCKY, I REQUESTED A PHYSICAL ADDRESS FOR YOUR COMPANY IN ORDER FOR ME TO REMIT PAYMENT OF THE PRINCIPAL AMOUNT OF THE LOAN ONLY, MINUS THE PAYMENT ALREADY RECEIVED. I ALSO SENT THAT STATMENT VIA FAX AND US POSTAL MAIL. AGAIN I AM IN CONTACT WITH THE BETTER BUSINESS BUREAU, KENTUCKY ATTORNEY GENERAL, AND THE FEDERAL TRADE COMMISSION REGARDING THIS MATTER.

re-send your original e-mail but add a sentence with either phrase.

dellusional,or stupid.either one works.they are something else..literally.

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Originally Posted by Shazzers Just hang in there, skydvr is an expert in this area. He will reply as soon as he is able. :)

Thanks Shazzers. Any idea on a time frame? I feel bad asking, since skydvr is providing free advice, as does everyone here, so I'm NOT complaining. Just afraid I'm going to screw this up otherwise and get a default judgement against me.

Like I said, I'm not averse to settlement, but from reading about these guys, they've A) added all kinds of extra charges, fees, etc., and B) have never shown they actually own the debt.

Thanks, and have a great weekend.

Kevin

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Originally Posted by Anonymous Thanks Shazzers. Any idea on a time frame? I feel bad asking, since skydvr is providing free advice, as does everyone here, so I'm NOT complaining. Just afraid I'm going to screw this up otherwise and get a default judgement against me. Like I said, I'm not averse to settlement, but from reading about these guys, they've A) added all kinds of extra charges, fees, etc., and B) have never shown they actually own the debt. Thanks, and have a great weekend. Kevin

I'm sorry but I really don't know for sure, he usually checks in a few times a week though.

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Originally Posted by Anonymous Thanks Shazzers. Any idea on a time frame? I feel bad asking, since skydvr is providing free advice, as does everyone here, so I'm NOT complaining. Just afraid I'm going to screw this up otherwise and get a default judgement against me. Like I said, I'm not averse to settlement, but from reading about these guys, they've A) added all kinds of extra charges, fees, etc., and B) have never shown they actually own the debt. Thanks, and have a great weekend. Kevin

Doing the bump. Any update on a timeframe for a response?

Thank you again,

Kevin